Landlord Never Filed Initial Rent Registration Form

September 30, 1995

LVT Number: 9075

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed her rent was $600 per month, but should have been $225 a month because landlord didn't serve and file an initial rent registration form (RR-1). Landlord claimed that it had filed the RR-1 form on time. Landlord also argued that the DHCR had already decided tenant's overcharge complaint in 1992 and had set the legal rent at $600 a month. So, tenant shouldn't be allowed to claim a rent overcharge a second time. Court: Tenant wins. Landlord's proof that the RR-1 form was properly served and filed wasn't credible.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed her rent was $600 per month, but should have been $225 a month because landlord didn't serve and file an initial rent registration form (RR-1). Landlord claimed that it had filed the RR-1 form on time. Landlord also argued that the DHCR had already decided tenant's overcharge complaint in 1992 and had set the legal rent at $600 a month. So, tenant shouldn't be allowed to claim a rent overcharge a second time. Court: Tenant wins. Landlord's proof that the RR-1 form was properly served and filed wasn't credible. Also, tenant could raise this issue because in the prior DHCR case, the DHCR didn't rule on the apartment's initial rent---it just ruled on an overcharge complaint covering a one-year period. The rent is set at $225 a month.

Hu v. Roman: NYLJ, p. 28, col. 4 (8/3/94) (Civ. Ct.; Kings; Rivera, J)

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